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taking to court a battle over the child sex abuse scandal

>>gregg: outrage on capitol hill today. this was over a decision not to hold a vote on victims for super storm sandy and dealing with the fiscal cliff. the late october storm in new york and new jersey. hundreds of thousands of homes were damage or destroyed and many still essentially homeless. and republican and democratic lawmakers from the area vented their anger. >> we remain this close to getting this done and the rug was pulled out from under us by the leadership in the house of representatives. >> we cannot believe this cruel knife in the back was given to our region. >> i stand here almost in

disbelief and ashamed. >> republicans in congress brought the house to a new low last night. >>gregg: it is really bad. new york republican congressman peter king, whom you just heard, says house of representatives speaker boehner and house majority leader are not on speaking terms but both aides down play the divide. the two are scheduled to meet with members of the new york and new jersey delegation on sandy aid. congressman cantor says he will be there. moments ago, shannon, new jersey republican governor christie talked about it. he is not happy, either. >>reporter: he tried to call the speaker four times and boehner would not take the call as it was apparent the bill would not get to the floor for a vote. he says the two talks today but they still do not have a "credible explanation" for what happened. here is what the governor had to

say. >> this atmosphere now, everything is a possibility, potential piece of bait for the political gain. it is why the american people hate congress. >>reporter: ouch. lawmaker whose objected to the quick vote say the senate measure was full of pork, including $600 million to the epa to deal with climate change issues and $150 million foe -- for fisheries in alaska it is fine to vote "no" but by failing to let anyone vote yes or no, speaker boehner failed to do his job. >>gregg: could this impact boehner's chances of holding on to the speakership tomorrow? >>reporter: there is that vote tomorrow. it is not likely but not impossible. he will have to get a clear majority of all of those who do vote. it is not just the republicans. it is the entire house. clearly he will neat the vast

majority of g.o.p. votes. new york republican who you saw in the interim may abstain altogether and another new york republican, peter kings says republicans will have to work hard to get his vote on anything right now. while both the boehner and can for camps are shooting down talks of a divide, many are speculate there is trouble in the house of representatives g.o.p. leadership ranks. that vote could tell us something tomorrow. >>gregg: thank you, shannon. congress did reach a deal to keep our nation from plummeting off the so-called fiscal cliff so we are safe for now. at least sort of. last night, the house aeveryone proofed the not bill which presents major tax cuts from expiring on income below $400,000 for individuals and $450 for couples and delays the crippling cuts for only do months, and that means we could see yet another last-minute stand off before march 1.

president obama vowed to sign the bill. the vote was not unanimous. many republicans in the g.o.p.-led house voted against the bill. many of them argued it does not do enough to curve spending. it saw more bipartisan support in the senate with only a handful of lawmakers in both parties voting "no." the debate was quite intense. mike emanuel is live on capitol hill where he has been following it. the bill had the votes to pass. what was the final pitch? >>reporter: extending the bush tax cuts for individuals making up to $400,000 and couples making up to $450,000, giving certainty and some permanence and avoiding taking the economy off the fiscal cliff. >> by making republican tax cuts permanent, we are a step closer to comprehensive tax reform that strengthens our economy and creates more and higher

paychecks for american workers. >> compromise is not the art of perfection. by its definition, compromise contains elements that neither side likes. it also contains pieces both sides can embrace. >>reporter: democrats embraced more with 172 of the 257 votes coming from their side. republicans did not like the lack of spending cuts. some held their nose and voted for it fearing they would be blamed for taking the economy off the fiscal cliff. >>gregg: mike, many house republicans said they felt they were in a bad position. >>reporter: there was great time pressure with the clock ticking to the new year's deadline and time running out on the 112th congress. a sign of some of the tension on friday at the white house fox news confirmed house speaker

boehner tolded harry reid to go bleep himself twice after he accused him running the house of representatives like a dictatorship and was more concerned about the job rather than a deal. now the house conservatives say it is time to cut the spending. >> i am a house conservatives that is just that. you people that are kicking the can, give me the can. what we are going to do is draw a line in the sand and demand you don't bring anything forward unless you have the spending cuts. >> she talked of delaying the tough decisions and we expect the spending fights to take soon into the new congress. >>gregg: the profanity is escalating. just like the rest of us, aren't they? >> now we have assistant managing editor of the "wall street journal" which is our parent company-owned.

the nonpartisan c.b.o. says this deal actually increases spending by $330 billion and adds almost $4 trillion to the deficit. does that suggest there is an utter lack of seriousness in solving the nation's fiscal problems? >>guest: there is a good piece on the internet on in. it does not get to the spending issue. it is surprising to see the market up today. business c.e.o.'s are saying they are as uncertain about the future as in the past. that means c.e.o.'s are likely to, still, it is on the cash they have, not invest. that is not good for economic growth. this deal fractionally affected. >>gregg: the cuts were so small they were $15 billion over 10 years. we spend $10 billion a year so that is like a guy terrificking

a six-pack of beer saying i will cut down by a beer a year. >>guest: the upside is we had a deal. we had a form of compromise. those looking for taxes to be raised, they were raised on a small fraction of americans. >>gregg: it does not make a didn't. >>guest: it does not make a didn't in the deficit. those who were against a tax rise, the bulk of americans will not have one. that is permanently in the tax code. the bigger issue here is we have, it is an overused metaphor, we kicked the can down the road with two more months to resolve raising the debt ceiling. the cuts will have to be re-discussed. >>gregg: they had a year and a half to do it and they could not. why would they be able to do knit two months? >>guest: will it be a last minute thing again is the

question. two things result from this: one, you have continued uncertainty in the business community. that mean as lack of investment. second, anything else on the obama agenda is going to have to be put to the side. those will say, though, this is the top issue that should be ahead for president obama. >>gregg: so the deal does nothing to fix the deficit, nothing to fix the profligate spending, especially entitlements, and nothing to fix the debt ceiling which was the demand of obama, and it does nothing to fix the fiscal cliff. >>guest: it answers the tax issue. it gets us beyond what the deadline was that was set by congress, some kind of slightly coherent way, the spending...it depends on your political views. some will say it is not and needs to be protected. others say it needs to be

dramatically cut. what needs to be addressed is the fact that medicare, social security, will not be able to pay for themselves in the coming years. some method of constraining the costs or altering the revenue that funds them has to be deviced. >>gregg: during the president's four years we have gone from $2.9 trillion in spending to $3.8 trillion, which is 30 percent increase in spending. by any definition that is profligate spending. >>guest: the president's office would say, he inherited two wars that were immensely expensive, he inherited a bad economy that was difficult to get out of. >>gregg: the president promised the middle class would not see taxes go up. he did not keep the promise. >>guest: well, the payroll tax is going for go back up. it was just recently brought down by 2 percent. that will be back. >>gregg: 37 percent of americans will see their taxes

go up. >>guest: income taxes will stay with the bush tax cuts. >>gregg: thank you so much. good to see you. politicians may not like the fiscal cliff deal but investors do and we will take a look at the reaction on wall street and we were just talking about that. elementary school massacre survivors we walked into the classroom today but not the class rooms they left. that is next.

>> the students in sandy hook elementary school will not attend sandy hook elementary school where the schoolmates and teachers were slaughtered. the building is still considered a crime scene. it remains closed. instead, teachers have re-created their classrooms in a former middle school building several miles away. it opens tomorrow. we are told parents can join their kids for the first day.

david lee is in connecticut. there was an unexpected visitor, we understand. >>reporter: yes, this was a surprise visitor to the new school the kids will use in monroe township, the governor who met behind closed doors today with the teachers. earlier, perhaps most importantly, the students and parents were able to tour the new school. it is about seven miles away. one of the developments announced is that the school is going to be renamed sandy hook elementary school for the sake of tradition. there were signs posted throughout the entire community, classes officially going tomorrow, as you said. parents are invited to attend. >>gregg: security will be tight at new school, i imagine. >>reporter: absolutely. no surprise there. security, today, was very tight.

so much so that news crews were kept two miles away. that is the closest we could get. where is where we are broadcasting from. all looks and doors and fire alarms have been tested. the security is summed up this way. >> right now, it has to be the safest school in america. we have many different options in place. most of monroe schools were monitored at the police department with cameras. we have installed different security devices at the school. we will remain on location until further notice. >>reporter: in addition to security other measures are in place to try and make the kids as comfortable as possible. what they have done is actually taken were of the furniture and other items in the old school and placed them at the new school. tomorrow when classes resume, on hand, also, will be mental health experts.

>>gregg: david lee miller, thank you. >> the deadly shooting rampage in connecticut triggered new calls for gun control. at the same time it appear as record number of folks are looking into buying firearms with the f.b.i. reporting 2.8 million background checks during the month of the shooting, the most, ever. the numbers show there were more background checks in 2012 than any year since the system was established in 1998. >> the crimes of jerry sandusky will cost the school tens of millions unless the governor of pennsylvania gets his way and why he says he is suing to overtown the punishment facing overtown the punishment facing penn state after the scandal.ye. the "name your price" tool. you tell us the price you want to pay, and we give you a range of options to choose from.

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>>gregg: the governor of pennsylvania is accusing the ncaa of illegally penalizing penn state over the sex abuse scandal fining the university $60 million after an independent report found top officials ignored abuse allegations against the football coach jerry sandusky who now is in prison after a jury convicted him of sexually abusing ten young boys. in some cases the abuse happened on the penn state campus. but the governor of pennsylvania says the fine and other punishments like a bowl ban and the deletion of wins from 1998 to 2011, punish the wrong people. >> these sanctions did not punish sandusky. nor did they punish the others who have been criminally charged. rather, they punished past, the

present, and the future students, current and former student athletes, local businesses and the citizens of pennsylvania. >>gregg: he says the sanctions were for their own benefit of the ncaa and will file a federal lawsuit to try to overturn them. jonathan hunt here now. the ncaa had harsh response to this. >>jonathan: they put out a quickly statement and the mildest phrase was that they were disappointed in the governor's actions but the ncaa statement went on and i quote, "not only does this lawsuit appear to be without merit, it is an affront to all of the victims in this tragedy, lives that were destroyed by the criminal actions of jerry sandusky and the innocence that was stolen can never be restored, penn state has accepted the consequences for its role and the role of its

employees and is moving forward. today's announcement by the governor is a setback to the university's efforts." officials at penn state issued a statement avoiding taking sides, but saying that they are working toward excellence in all areas of college life. >>gregg: and the family of joe madano? >>jonathan: they issued a statement, and joe paterno was not accused of being a party to the abuse but not doing enough when he knew whatever he knew of the abuse to stop it. his family said if a statement they have not studied this lawsuit but and i quote, "what we do know, however, is that this matter is far from closed. the fact that the governor now realized, as do many others, there was an inexcusable rush to judgment is encouraging. joe paterno's only guide abc -- guidance was to seek the truth."

greg break and now to judge andrew napolitano. the sanctions are in agreement between penn state and ncaa how does the state of pennsylvania have legal standing to sue? >>judge napolitano: it doesn't. can you not just sue someone because you don't like how they harmed a third person. although penn state receives substantial monies from the state of pennsylvania, the earth, the dearth it is located on and the buildings are not owned by the state of person but owned by the trustees of the university. one happens to be the governor. >>gregg: how can he object to an agreement of his own entity? >>judge napolitano: he should have objected when the ncaa came to penn state. here is the report of your law firm, who was the former director of the f.b.i. he and the law firm wrote a scathing report and you accepted this report. you accepted it uncritically.

>>gregg:? why? because he waited three years before anyone in the office went after sandusky. >>judge napolitano: all i know the facts, before he was the governor he was the attorney general and he did nothing about the rumors and whispers of sandusky. he has been brutally criticized by his new attorney general, the woman who succeeded him in office. you cannot just sue because you don't like the outcome of a litigation or a dispute which you had no relation. if that were the case, the courts would be hearing lawsuits today filed 100 years ago. >>gregg: we have to go to breaking news, first, before we talk about that. this is peter king talking about the hurricane sandy bill. he just stepped away, so we have another congressman. let's listen. >> why was the $60 billion was critical and the speaker told us it will happen, it will happen on january 15, and i am sure

peter told you a moment ago, the flood insurance suspense will come up on friday at $9 billion but we have had unprecedented solidarity. we have made our case on substance. we have all read the information that came down from governor christie and cuomo line by line, this is all about people who in dire straits who are, who have lost their homes and businesses. 100,000 in new jersey have filed for unemployment insurance attributable to super storm sandy. it is devastation the likes of which we have never seen in our part of the country. we do have support. the amendment will be offered for about $33 billion to get us to the $60 billion. >> chairman rogers will offer $

27 billion amendment. following his amendment i will offer the $33 billion. that will make the $60 billion, the round number. i feel the assurances we had from both the speaker and the majority leader cantor are ironclad. we will proceed. this recognizes the hard ache and misery both of our states or the region that suffered which has been as the governor emphasized, at the press conference the last hour or two, it has been over 66 days. >>gregg: the bickering over the hurricane sandy aid bill continues on capitol hill. >> congress last night avoided sending the finances over a fiscal cliff but the battle is

not over. what happens next is ahead and how the white house and the stock markets have responded. >> are your clothes feeling smaller after the holidays? we ail put on a few pounds. there is a new study claiming being overweight can help you live longer. i knew it!

>>gregg: this is "studio b" and now lawmakers have reached a deal to avoid the fiscal cliff, president obama has returned to hawaii. that is costing taxpayers $3 million so he can finish the holiday break. he thanked congress for coming together and keeping taxes from going up on most americans and delaying the deep spending cuts. we could be in for another battle over the budget in two months when the same cuts are set to kick in again. that is not our only deadline. ed henry is live at the white house. you decided not to go to hawaii? bad choice. talk about the fine print of all of this. >>reporter: it is chilly in washington, dc, and folks around the country could feel colder about the deal as they look at fine print. the president got a campaign-style video out there today with the president selling this not just as a victory for him but for the american people. for him in the sense that he pushed for higher taxes in the

campaign and won that and got what he wanted but in the fine print you talk to the tax policy center, a nonpartisan group that the president cite add lot in the campaign, they say the middle class and poor families will be hit harder than you think with 77 percent of house holes seeing the federal taxes go up in 2013 because of the payroll tax cut was not extended. households making $40,000 to $50,000, taxes go up $579 and $up to $75,000, taxes go up $822. on one hand, middle-class families got a reprieve from the deal because they could have had their taxes go up more if the bush rates were not extended. people in washington, dc, are not talking about taxes going up in other ways in 2013. >>gregg: part of the original demand of the president was to give me unfettered discretion

over the debt ceiling. that did not happen. so that is another battle, right? >>reporter: no doubt. the white house wanted the debt ceiling extension earlier in negotiations to be part of the deal last night. it was taken out. in the briefing room last night the president said, i am willing to compromise with republicans on future deficit reduction but the next breath he suggested i am not compromise on the debt ceiling. >> i will negotiate over many things, i will not have another debate with this congress over whether they should pay the bills they have racked up through the laws they passed. >>reporter: he means the white house believes a year and a half ago when they had the debate about the debt ceiling it hurt the markets, scared consumers, and had a damaging impact on the economy. they believe previous presidents have been able to get congress

both of democrat and republican control to extend the debt ceiling but now the debt so high, that it is a major, major debate. >>gregg: finally, many republicans say the debt ceiling fight is their only way to get the president to cut more spending. is that their biggest leverage? >>reporter: it is. republicans took a beating over the fact that the deal has tax increases for the rich but did not have the spending cuts that speaker boehner and others called for. they believe the debt ceiling fight is the only way to force the president into a corner because he wants the debt ceiling raise. in exchange republicans will push for more spending cuts. here is senator shelby. >> this will be part of the legacy, the failure to step up ld have brought leadership he to the table. he didn't. now he wants to talk about cutting spending? it is a joke.

>>reporter: everyone in washington has been in a battle overtime fiscal cliff but get ready because when the president comes back from hawaii we have the debt ceiling that will reach the limit in the next few weeks and that will be an even bigger battle. >>greg: better enjoy the tranquility in hawaii. >> the fiscal cliff deal is giving a nice boost to wall street. look at this. this is the 401(k), traders enjoy it while they can, up 250 points. and gerri willis is here with us now. i am getting the sense that traders could be myopic. >>gerri: last week the markets traded lower and now they rise on little volume. but it is yet to be seen where they will go. as you have been discussing we

will be up against it. however, the dow is up 2 percent. the nasdaq up more. tech stocks and small cap stocks hit an all-time high. that is the good news. remember, though, we do not know what is coming. >>gregg: how long will this rally last? >>gerri: if you have two months, say, six to eight weeks before we hit this next bump in the road, it could last that long. it may not last that long. moody's this afternoon is saying, what they did last night is not enough to satisfy us. we want to see spending cuts. >>gregg: are they threatening to downgrade? >>gerri: not yet. they have not taken action yet. sequestration will be a big deal. the markets do not like major uncertainty and it makes it more difficult to project earnings and profits and see what will

happen to the economy. >>gregg: the sequestration was not fix add year and a half ago and i am not hopeful that it will be fixed in two months. >> secretary of state, hillary clinton is working in the hospital and on the telephone with staffers. doctors at the hospital say that the clot was the result of a concussion she suffered when she fainted and fell last month. that was due to dehydration from a stomach virus. the doctors treated her with blood thinners and expect the secretary to make a full recovery. >> a new study on obesity suggesting we may not have to worry so were about the extra pounds we have been backing on during the holidays. researchers claim they have found those who were overweight had less risk of dying than those of normal weight. see? the study reportedly involved

three million people who took part in 100 different studies. thoses with higher body mass index did not necessarily have higher mortality risk but that does not mean we should cancel our new year's resolutions because they say it is still important to eat right and stay active. with us from the university hospitals of cleveland, doctor, it is good to be 2359, right? >>guest: no, of course not. >>gregg: is this a reliable study? >>guest: remember, these are 100 studies they grouped together. it is not "a" study. they have looked at 100 studies done by different people with, perhaps, different types of study methods. that is not the point. they are talking about mortality. that is death.

it is the rate of death in a population. we are talking about morbidity. that is the state of disease or being unhealthy. they are not the same. >>gregg: nonbelly fat in your thighs and butt, not necessarily all that bad because sometimes it accompanied by extra muscle that can be healthy. do you buy that? >>guest: well, if that is true i will probably live to tell the tale when the famine comes. belly fat we know is not good. think of the other things that happen when you are over weight. you more likely to have hypertension, to have diabetes. for every 10 pounds of extra weight you lose if you are over weight, it is from 30 pounds to 60 pounds less pressure on your knee joints. there is nothing good about being overweight.

and they are looking at body mass index, but it does not take into account if you have muscles, your bmi could be high because you may be large on the frame. >>gregg: should we pay attention to blood sugar and cholesterol and blood purr more than bmi? >>guest: yes. definitely. that is the most important. you want to live to be 90 and you are blind from your diabetes? or do you want to live to be 85 and you had a stroke from your hypertension and you are being taken care of? you want health. you want to decrease your morbidity. do not worry about the mortality you can eat well and get hit by a car. we don't want you to do that. people want to practice safe habits but weight is really,

really important. >>gregg: you burst my bubble. thank you so much. good to see you. >> human rights activists looking at syria's civil war saying the death toll is far higher than anyone has said. that is next.

>>gregg: a disturbing new milestone in the civil war in

syria. the united nations reporting today that more than 60,000 people have likely died in the nearly two year long conflict. this is on the same day a military airstrike reportedly killed or wounded dozens more outside the nation's capitol. war planes bombed a gas station in a damascus suburb destroying a number of cars and buildings. we cannot verify the authenticity of this film but rebel forces are attempting to thwart the overwhelming air power. leland is live in the middle east. why are the rebels mounding the new push now? >>reporter: they feel they can make a difference on the ground in this fight. the trump card for the syrian regime has been the air power, bombing rebel conditions and use gunships and fly in resupply missions. the rebels feel if they can capture the airfields in the

north they can control that territory. that is what we are seeing, advances on airfields in the north with coordinated attacks on three airfields. the rebels are better armed and coordinated and using methods to move forward. the disturbing part of the video many of the fighters were the best warriors we have seen and they are often al qaeda sympathizers and that is drawing into question if the rebels are successful and take control of the north, who are these people and where do the loyaltyies rise? >>gregg: what does the new fighting mean for the civilians? >>reporter: well, this civil war is becoming far more fluid. the united nations raised the death toll from 45,000 to 60,000, not because 15,000 were killed overnight but they have look through the reports and

through the video and they realize month are dead. as the rebels are taking control of suburbs around damascus and tightening the noose around bashar al-assad, the regime is forced to use air force more for bombing and aiming at the positions. the question is, how many civilians is the regime willing to kill to stay in power? it looks line they are willing to kill as many as they have to or can in order to keep president assad in the capital of damascus. >>gregg: thank you, leland. now we have managing director of the washington institute and former senior director for middle east affairs at the national security council, michael singh, with 60,000 reported dead and the number is likely a lot larger than that. is the international community powerless to stop this?

or lacking the well? >>guest: it is an astonishing number and reflects the changing dynamics. you had attacks where the regime is engaged in that report and the increased effectiveness of rebels. we have said all along time is not on the united states side. inaction is a policy that will lead to a worsening of the situation. that is what we have seen now in the third year. >>gregg: do you think the united states and allies should intervene? >>guest: i think we should consider that. the fact is, our inaction means intervention now would be less effective because it is to the point they are now with a lot of anti-american elements involved in the opposition but what we are looking at now is when the regime falls, this conflict is not over and intervention would not only help put us on the

right side of the conflict but would help shape the post assad future of syria and ensure that this is not simply chaos for the next year. >>gregg: russia has a huge influence and the kremlin has publicly said that the days of assad are numbered but they do not appear to be part of the solution. why? >>guest: well, there are a lot of reasons. we overstate russia's influence in syria. they have been important for the syrian regime over the decades but that does not give them influence on what is happening on the ground. assad would be fighting with or without the support of russia. and for putin this is a matter of opposing the united states' foreign policy than about syria. >>gregg: quickly, rebel forces attacking the oil

infrastructure. is that weakening assad's finances and hastening his demise? >>guest: he probably has his finances cut into and the goal is probably to cut off as many resources as possible. there is a long term cost for syria, something we should be concerned about in 2013 and down the road. >>gregg: it will take a long while to reconstruct and get on their feet. >> a grounded oil rig in rough weather off the coastline of alaska raising fears of a possible spill. we will tell you what is at risk . try alka-seltzer. kills heartburn fast. yeehaw!

>>gregg: an oil rig run

aground in the gulf of alaska so it has been check for damage leaded with 150 gallons of diesel and 12,000 gallons of oil and officials say so far no leaks. >> we are following the live from our news room. are the high seas and strong winds the major problem? >>reporter: the command center handling the situation says that a flyover evaluation will be done and teams could be in the air dealing with 6' to 12' waves. when the weather cooperates, marine experts will board the rig to take photographs and video to come up with a salvage plan. right now the drilling rig appears to be stable but there are concerns the ship could leak diesel and oil. tow boats pulled the rig to seattle for maintenance and severe weather forced crews to lead it to an area that would cause the least amount of

environmental damage. the big rig ran aground near uninhabited island off the coast of alaska on monday night. >>gregg: how much of a real concern here is there that a spill could happen from the ship? >>guest: a spill response team is mobilizing equipment if it should happen and a spokesperson says pictures show no sign of a leak currently. an official from the shell rig says the rig recently had 292 million of improvements done. it is home to sales, see lions, and two endangered species and the top democratic on the natural resources committee is sharing his concern with the statement saying oil companies say they can conquer the arctic but the arctic disagrees with drilling expanse proving disastrous for the sensitive environment. the operations manager says that when the situation is under control, they will investigate the cause and was not certain if

the findings will be made public. the coast guard says their findings will be made public. >>gregg: thank you, anna. >> two major players in the auto world are joining forces, avis is set to make $500 million in cash for zip car, offering drivers the opportunity to share cars at hourly or daily rates. the move could give a healthy boost to the car-sharing industry which zipcar largely controls. the c.e.o. of avis said and i quote, "we see car sharing as complementary to traditional car rental." >> police in virginia evacuating buildings and shutting down a major road after spun found what they thought was a bomb half hour west of washington, dc. the bomb squad sent in one of the robots to check it out after poking around, they determined

that the suspicious device was actually an inactive grenade. the coast is now clear. these things are amazing. >> you can see a lot of things with a view from an airplane. a guy spotted a burglary suspect in the act while doing a fly by of his own home. the details are up next.